Father paid full Child maintenance but the mother used money and now wanted to share custudy and receive full maintenace for 2nd month in a row

Angieakamelissa

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Feb 25, 2019
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Can someone please assist with the matter
Mother is the prime caretaker and the father pays child maintenace monthly, as requested by the mother to be paid by the 25th but the divorce agreement stated not later the the 7th working day of the month, with that she needs to pay school fee of R2000 and the R3000 is for food, housing and clothes as the father pays the childs medical aid mothly.
The mother comes to the father of the child 7days after receiving maintenance in the new month which was paid on the 25th of the previous month by the father, the mother tells the father of the child she does not have money to look after the child for the rest of the month and they needs to share custody for the month from full time with the mother to 50/50 between the mother and father.
The father of the child agrees upon the request as the mother stated that it is only for one month.

After the month the mother again requested 50/50 custody for the following month as her living situation isn't working out as she planed , now the father of the child said he then will not be paying the full maintenance as he will be sharing maintenance for the child. He will only then pay half if the child maintenance for the month.

What should the father do?
Is the mother allowed to do that and share the child when she does not have money to support the child?
But the mother still uses her money for luxury on ther self and not the child.
The mother shares a house with family and does share the rent and electricity bill?
The mother doesn't even realize when her debit orders did not go off from her account for a couple of months in a row and the mother couldn't understand why she had extra money only to realize the debit order did not go off and need to pay the debit order to get up to date...

Should the father still pay full maintenance evethough the mother does not have the child full time?

Thank you in advance
Asking for a friend
 
Last edited:

Flojo

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I know these things are expensive, but best advice your friend to go see a lawyer that can give proper advise
Best of luck to your friend.
 

Fulcrum29

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Should the father still pay full maintenance evethough the mother does not have the child full time?
Yes.

https://www.parent24.com/Family/Finance_Legal/child-maintenance-and-visitation-rights-20160315

Maintenance and access
It is important to note that maintenance and access are treated separately in terms of South African law. This means that both parents have a right to see their children whether or not maintenance is paid.

It also means that one parent cannot withhold access to the child or children because maintenance has not been paid. When a divorce is finalised in court, part of the court proceedings will centre on the creation of a parenting plan.

A parenting plan should exist whether or not you were married. This parenting plan will outline which parent the child lives with, the amount of time the child will spend with each parent, how maintenance will be paid, how you will go about making major decisions about the child (this can include things like education and how the child will be raised) and how parents will work out any major disagreements.

If your parenting plan is part of your divorce proceedings, the court will be able to enforce it, and treat transgressions as a criminal offence.
Just approach the Family Court, provide all evidence and don't lie to them. You only really need a lawyer when the matter is urgent, but when, honestly, stating your case to the Family Court they can prioritise your case.
 

Fulcrum29

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Reasonable towards the father or the mother?
They have equal rights, right? The court looks at the situation and circumstances, the reasonability lies therein. I don’t know the whole story here, and won’t, as only the two parties involved, both, have an opportunity to present their case. Not even a lawyer will be able to assist when things go south, the court will simply appoint a Facilitator and make both parties abide by the parenting plan, or else… our country takes children rights quite seriously.
 

Angieakamelissa

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Feb 25, 2019
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Yes.

https://www.parent24.com/Family/Finance_Legal/child-maintenance-and-visitation-rights-20160315



Just approach the Family Court, provide all evidence and don't lie to them. You only really need a lawyer when the matter is urgent, but when, honestly, stating your case to the Family Court they can prioritise your case.
Will the family court be able to increase the maintenance or lower it?
Should the mother provide financial record for maintenance received?
 

Fulcrum29

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The maintenance plan does not state what the monies are for it only states the monies are for day-to-day care of the child
The maintenance plan doesn't break it down, the court orders an amount to be paid and where that amount must be paid to. The court does have a 'calculator' and method to determine that amount.
 

Kosmik

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If it continues that the mother is unable to support the child even with full maintenance paid by the father, he should ask for primary custody. Where's that money going? Court will ask hard questions of the mother.
 

Johnatan56

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Aug 23, 2013
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If it continues that the mother is unable to support the child even with full maintenance paid by the father, he should ask for primary custody. Where's that money going? Court will ask hard questions of the mother.
+1
Might be able to use as child would be better off with father, that's if the father wants the child...
 

Angieakamelissa

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Feb 25, 2019
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Thank you everybody for the advice I will inform my friend with the suggestions.
I think the best thing to do is go to Family Court and the they will decide whether the Child should be with the mother or the father.
For some people its about how much money they can get for the child after a divorce and not per say for the childs needs but for the mothers needs.
In this case the father wants to be primary caretaker but the mother is refusing.
 

Drifter

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Read the title guys, father paid the money, but the mother used it, now wants more:

Father paid full Child maintenance but the mother used money
 

Kosmik

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Thank you everybody for the advice I will inform my friend with the suggestions.
I think the best thing to do is go to Family Court and the they will decide whether the Child should be with the mother or the father.
For some people its about how much money they can get for the child after a divorce and not per say for the childs needs but for the mothers needs.
In this case the father wants to be primary caretaker but the mother is refusing.
Not her choice if she is abusing the childs maintenance.
 
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